This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to (...) voting, parties and parliamentary law-making, neglecting the vital role rights play in political struggle outside and against the official institutions of democratic citizenship. In contrast to the political constitutionalist stress on the patient and reciprocal negotiation of rights within formal electoral processes, this paper locates the political nature of rights in their conflictual logic as ‘claims’ in multiple spheres that function to mobilise oppos... (shrink)

After the UN Guiding Principles on Business and Human Rights were adopted in 2011, an international treaty has been being negotiated since 2014. The two instruments reveal similarities and also conflicts regarding the adequate organization of the global economy based on human rights. The focus in this article will be on the processes leading to these instruments, because they themselves mirror different understandings of governance in the field of business and human rights as well as the (...) class='Hi'>struggle over the power of definition and legitimacy. The UNGPs were developed on the basis of global multi-stakeholder consultations, underlining legitimacy through broad inclusion. There are varying judgements as to the success of this approach. The process towards the treaty follows the traditional path of negotiations at UN level. These negotiations reveal a struggle for recognition of the legitimacy of the process itself. Both procedures have shortcomings with regard to legitimacy and show the need for a revision concerning the inclusion of stakeholders. The complementarity of a soft and hard law instrument may enhance the creation of a level playing field in the global economy, thereby strengthening human rights. (shrink)

This article examines recent controversies over the relationship between human rights and intellectual property rights (IPRs). Many activists have claimed that IPRs conflict with human rights. Others have argued that IPRs are themselves human rights. The article approaches the debate as an opportunity to clarify the nature of IPRs in relation to human rights, as well as the nature of contemporary struggles over these rights. After surveying the dual expansion of both human rights (...) and IPRs and rejecting the view that IPRs are rooted in human rights, the author investigates the example of the HIV/AIDS crisis and the global Campaign for Access to Essential Medicines in order to illustrate attempts to represent IPRs as an outright threat to human rights. Highlighting the limitations of a human rights-based critique of IPRs, he concludes by proposing to study contemporary conflicts over IPRs and human rights as struggles for recognition and as struggles over the institutionalization of a transnational “recognition order.”. (shrink)

This book addresses two central questions: What does it mean to shift the epistemic centre of human rights thinking and to decolonise global human rights? And, how to study the 'active' conceptual, empirical, epistemic and political life of rights in 'most of the world'? To address these questions, this book introduces and develops the framework of vernacular rights cultures. The study of vernacular rights cultures is an interdisciplinary, conceptual, epistemic, methodological and empirical project. It intervenes (...) in the current impasse of human rights debates to offer a framework through which the complexity and dynamism of rights-based mobilisations might be analytically captured, not simply as those which are mimetic, and engaged in the translation, enactment and localization of 'global human rights', but rather as those which have their specific languages of rights and entitlements grounded in specific political imaginaries, justificatory premises and subjectivities. Through a conceptual and ethnographic tracking of the Urdu/Arabic word haq across subaltern citizen mobilizations in India and Pakistan, the book analyses the deployment of rights in the vernacular in South Asia including the political, epistemic and ethical agency released by this rights politics. By focusing on the claims for rights/haq by marginalised and very poor women including dalit and indigenous women within grassroots mobilisations demanding rights to food, employment, public information/accountability and land rights in rural movements in India and Pakistan, the book documents the specific gendered political imaginaries that inform rights struggles in the subcontinent. (shrink)

This article discusses the identity formation process former right wing extremists go through, during and especially after being involved in an exit program for those leaving right wing extremist environments. Based on an ethnographic investigation (and practice theoretical approach), the article argues that participation in culturally defined worlds – such as the extremist right – develops sensitivities and sensibilities that endure. This enables them to engage in social actions, gain a position and develop a correlated identity, but it is also (...) the reason why it can be very demanding for the individual to leave an extremist environment. Perceived from the position of former right wing extremists, the article considers the challenges involved in (re)integrating into society by those stigmatized by a criminal and extremist past. It explores how individuals leaving a right wing extremist group handle themselves in a new world when their embodied knowledge and habitual responding are no longer appropriate, and investigates the many aspects individuals struggle with years after their engagement, when they do not know who to become and how to act. (shrink)

Joseph J. Fins calls for a reconsideration of severe brain injury treatment, including discussion of public policy and physician advocacy.

This article analyzes “farmers’ rights” as a strategy of resistance against the perceived inequities of intellectual property rights regimes for plant varieties. As commercial models of intellectual property have made their way into agriculture, farmers’ traditional seed-saving practices have been increasingly delegitimized. In response, farmers have adopted the language of farmers’ rights to demand greater material recognition of their contributions and better measures to protect their autonomy. This campaign has mixed implications. On one hand, farmers’rights are (...) a unique form of right that may help transform conventions of intellectual property in ways that are better suited for registering and materially encouraging alternative forms of innovation, such as those offered by farming communities. On the other hand, farmers’ rights have proved enormously difficult to enact. And by situating farmers’rights alongside easily enacted commercial breeders’rights, the campaign risks further legitimizing the inequities it is responding to. (shrink)

Questions pertaining to socialist democracy and human rights and freedoms have now been advanced to the front lines of the ideological struggle between the forces of socialism, peace, and democracy, on the one hand, and those of imperialism, war, and reaction, on the other. This is due to the content and features of the worldwide development of societies today, one direction of which is a universal increase in the political self-awareness and social activity of the working class and (...) the entire mass of the toiling population. The final document of the 1976 Conference of Communist and Workers' Parties of Europe emphasizes: "The historical necessity of replacing capitalist society with a socialist society established in accordance with the will of each people is becoming evident to ever broader strata of the public." The great achievements of socialism and the successes of socialist democracy serve as an inspiring example in the heroic struggle of the working class and its allies for peace and social progress. (shrink)

This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations are not conclusively (...) characterised but still require recognition justice. Not equating SGMs to LGBTI populations, I contend that the use of the term ‘SGMs’ should capture the sociocultural dynamics of the way in which one is made a ‘minority’. In light of the variations regarding sexual and gender norms in diverse contexts, SGMs are conceptually useful to accommodate differential experiences of nonconformity with the normative. (shrink)

Monitoring systems have recently arisen to verify compliance with corporate codes of conduct for labor. This article places codes in the context of broader debates on global governance and argues for an empowered participatory approach to international labor standards focusing on enabling rights. Based on ethnographic research in Mexico and Guatemala on the implementation of codes in the apparel sector and their use in cross-border organizing campaigns, it explores the effect of monitoring on worker empowerment and working conditions in (...) global factories. The analysis highlights institutional designs and political strategies capable of contributing to the protection of international labor rights. (shrink)

Since Xi Jinping has taken office in 2012, China’s political repression has only but intensified so that the regime is definitively turning away from the 1990s legal reforms and the many expectations that followed in terms of rule of law and other rights fostering. In replacing these recent developments in a larger perspective including that of a “socialist harmonious society”, which had already shaded a particular light on Chinese reforms, this article proposes to envisage contemporary Chinese legal culture in (...) an evolutionary and theoretical framework. In doing so, it stresses the tensions between a language of rights now fully integrated by the Chinese citizens and the politics of law used, in a last legal ditch struggle, by the Chinese Communist Party as a tool for social stability in disciplining the people by all means including by the threat of its very legal creations. It then concludes in reflecting upon the legal culture emerging out of this great divide between the people and the State. (shrink)

This article offers a feminist deconstruction of legitimacy regarding the intentional decision by midlife independent single women to enter solo parenthood. Data collection involved interviews with 26 single mothers by choice and two years of participant observation in two Single Mothers by Choice support groups. Their accounts indicate that SMCs feel entitled to enter solo motherhood because they possess four essential attributes: age, responsibility, emotional maturity, and fiscal capability. SMCs use economic, moral, and religious justifications to further legitimize their decisions. (...) These justifications allow SMCs to present themselves as competent, ethical, and mainstream mothers. (shrink)

This book is based upon a lecture series that took place between September 2013 and May 2014 to inaugurate the new Canadian Museum for Human Rights. It brings together some of the most influential contemporary thinkers on the theory and practice of human rights.

In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced by (...) both providers and users of TMK in China. We find there is a significant gap in literature analysing the phenonmenon of domestic biopolitics concerning TMK in China. Closely connected problem is the contradictory relationship between providers and users of TMK, especially between the indigenous and local communities, and corporate and industrial actors. Therefore, urgent research is needed to fill this literature gap. (shrink)

In China, the local communities and various ethnic minorities still hold, sustain and develop traditional medicial knowledge (TMK), innovations, and practices within the original communities. TMK also has pharmaceutical option value, which has attracted interests in commercial use of TMK for pharmaceutical innovation in China. However, the increased use of TMK for non-traditional purposes might lead to a change in the customary treatment of TMK as common goods of relevant communities and peoples, and may lead to significant tension faced by (...) both providers and users of TMK in China. We find there is a significant gap in literature analysing the phenonmenon of domestic biopolitics concerning TMK in China. Closely connected problem is the contradictory relationship between providers and users of TMK, especially between the indigenous and local communities, and corporate and industrial actors. Therefore, urgent research is needed to fill this literature gap. (shrink)

On a dreary spring morning in late October 2006, two policemen drove their cruiser up Nkonjane Road in the K Section of KwaMashu, a former “Africans only” township about fifteen kilometers northwest of Durban. As the cruiser passed over K Section’s softly sloping hills, two men sat handcuffed together in the back. The officers parked the car in front of a house where a woman had reported being raped a few days prior. Leaving the two suspects in the car, the (...) officers alighted and walked up to the home. After greeting the victim, they asked her to step outside to identify the men. The victim, upon seeing the two men seated in the squad car, loudly screamed that they were the rapists... The crowd... (shrink)

The aim of this chapter is to draw attention to an overlooked dimension of sex trafficking—namely, its abuse of women’s reproductive rights; to diagnose a tension between international anti-trafficking and refugee law and US anti-trafficking and immigration law; and to show that US anti-trafficking and immigration law is enforcing a misguided conception of victims that denies recognition to agentic victims of human rights abuse. Although women who have been trafficked into sex work should be prime candidates for legal (...) protection, they aren’t. Criminal and legal practices amount to a three-way struggle over women’s bodily integrity and autonomy. Because misconceptions about victimhood perpetuate this cyclical struggle, I argue for legal reforms based on a credible conception of victimhood. (shrink)

In Towards the Light, A.C. Grayling tells the story of the long and difficult battle for freedom in the West, from the Reformation to the Universal Declaration of Human Rights, from the battle for the vote to the struggle for the right to freedom of conscience. As Grayling passionately affirms, it is a story - and a struggle - that continues to this day as those in power use the threat of terrorism in the 21st century to (...) roll-back the liberties that so many have fought and died to win for us. Including an appendix of landmark documents, including the British and American Bills of Rights and the Declaration of the Rights of Man and of the Citizen, the Bloomsbury Revelations edition also includes a new preface by the author reflecting on developments since the book's original publication. (shrink)

The “struggle between liberties and authorities”, as described by Mill, refers to the tension between individual rights and the rules restricting them that are imposed by public authorities exerting their power over civil society. In this paper I argue that contemporary information societies are experiencing a new form of such a struggle, which now involves liberties and authorities in the cyber-sphere and, more specifically, refers to the tension between cyber-security measures and individual liberties. Ethicists, political philosophers and (...) political scientists have long debated how to strike an ethically sound balance between security measures and individual rights. I argue that such a balance can only be reached once individual rights are clearly defined, and that such a definition cannot prescind from an analysis of individual well-being in the information age. Hence, I propose an analysis of individual well-being which rests on the capability approach, and I then identify a set of rights that individuals should claim for themselves. Finally, I consider a criterion for balancing the proposed set of individual rights with cyber-security measures in the information age. (shrink)

The discourse of multiculturalism provides a useful means of understanding the complexities, tensions, and dilemmas that Asian and other minority women in the U.K. grapple with in their quest for human rights. However, the adoption of multiculturalist approaches has also silenced women’s voices, obscuring, for example, the role of the family in gendered violence and abuse. Focusing on the work of Southall Black Sisters, and locating this work within current debates on the intersection of government policy, cultural diversity, and (...) feminist activism, this article examines, and critiques, the Labour government’s current “multi-faith” agenda for its impact on Black and minority ethnic women in the U.K. (shrink)

The article examines the negative impact of neoliberal policies upon the work of border intellectuals within the university, whose scholarship seeks to explicitly challenge longstanding structural inequalities and social exclusions. More specifically, the notion of neoliberal multiculturalism is defined and discussed with respect to the phenomenon of economic Darwinism and the whitewashing of contemporary academic labor, despite a tradition of progressive struggle within the academy. In response to the current counter-egalitarian climate of neoliberalism, a call is issued for a (...) critical pedagogy that supports a revolutionary vision of human rights and democratic life. (shrink)

In April 2008 over 2,600 single women marched for three days to Shimla, the state capital of the northwestern Indian state of Himachal Pradesh, to demand rights to land, health care and ration cards for single women. The march was organized by a new social movement called Ekal Nari Shakti Sangathan, comprising divorced, abandoned, never-married women, widows and wives fleeing domestic violence who are demanding rights from the state in their own names ; in so doing they are (...) directly challenging the construct of the ‘dependent woman’ naturalized in pre-colonial, colonial and post-colonial discourses. The most radical of the demands of this new social movement is the struggle for land rights and the creation of new women-centred family formations. Through an analysis of their collective demands, I argue that the normative, dependent woman is mutually constituted not only at the intersections of gender, kinship and heterosexuality, but also spatially, through denial of rights to land. As single women disown their dependence upon husbands/fathers/brothers and demand land rights, they simultaneously re-imagine gendered selves by envisioning new marital families and re-working the division of labour. (shrink)

लोकतान्त्रिक अधिकार वर्तमान समय का महत्वपूर्ण और प्रसांगिक प्रश्न बन चुका है. देश के भौतिक और आर्थिक विकास की कीमत आम लोगों के लोकतान्त्रिक अधिकारों के हनन के द्वारा दी जा रही है. वर्तमान परिस्थितियाँ हमें किसी सम्भावित सामाजिक क्रांति की ओर अग्रसर कर रहीं है. पिछली शताब्दी की जिस सामाजिक क्रांति की बदौलत भारत में आज हम स्वतन्त्रता, समानता और भ्रातृत्व की बात करते है, उसमें साहूजी महाराज, ज्योतिबा फुले, नारायण गुरु और डॉ. अम्बेडकर का बहुत बड़ा योगदान रहा (...) है । इन तमाम महापुरुषों के संघर्षो के परिणामस्वरूप ही हमे बोलने की, लिखने की, अपनी मर्ज़ी से पेशा चुनने की, संगठन खड़ा करने की, मीडिया चलाने की आज़ादी मिली है अन्यथा जातिगत भेदभाव को गलत नहीं माना जाता, छुआ-छूत को कानूनी अपराध घोषित नहीं किया जाता, स्त्री स्वतंत्रता की बात कौन करता. राष्ट्रिय और अंतर्राष्ट्रीय स्तर पर लोकतान्त्रिक अधिकारों के संघर्ष पर हमें बहुत कुछ पढने और सुनने को मिलता है लेकिन जब भी हम भारत के विद्वानों की तरफ देखते हैं तो आमतौर पर डॉ. अम्बेडकर जी को केवल दलितों के मसीहा और संविधान का रचियता भर कह कर बात खत्म कर दी जाती है. चाहे हम इसे लोकतान्त्रिक अधिकार कहें या मानवाधिकार कहें. डॉ अम्बेडकर जी ऐसे व्यक्तित्व हैं जिनके सामाजिक योगदान को हम नकार नहीं सकते क्योंकि उनके विचारों और संघर्ष का प्रभाव आज हम भारतीय समाज पर निर्विवाद देख सकते हैं. प्रस्तुत लेख का उद्देश्य डॉ. भीमराव अम्बेडकर जी के योगदान को वर्तमान लोकतान्त्रिक अधिकारों के संघर्ष के इतिहास के सन्दर्भ में अध्ययन करना है. (shrink)

This article presents a broad analysis of the political economy and dynamics of social change during the first year of the Evo Morales government in Bolivia. It situates this analysis in the wider historical context of left-indigenous insurrection between 2000 and 2005, the changing character of contemporary capitalism imperialism, and the resurgence of anti-neoliberalism and anti-imperialism elsewhere in Latin America. It considers at a general level the overarching dilemmas of revolution and reform. Part III examines the complexities of the politics (...) of indigenous liberation and the political economy of the Movimiento al Socialismo government between January 2006 and January 2007. It pays special attention to the limits of reform in the hydrocarbons sector. Also explained in Part III is the formation of an autonomist right-wing movement in the eastern lowlands, and how the new Right has intervened in the process of the Constituent Assembly. The article shows how the actual Constituent Assembly set into motion by the Morales administration in 2006 differs in fundamental terms from the revolutionary assembly envisioned by leading left-indigenous forces during the cycle of revolt in the first five years of this century. (shrink)

In The Struggle for Democracy, Christopher Meckstroth looks at history and context in the development of democratic theory to provide a principled way of sorting out deep conflicts over who has the right to speak for the democratic people. He tests this theory by applying it to contemporary debates over same-sex marriage, military intervention, and gun control.

This paper explores the significance of a landmark Italian judgement regarding end-of-life advance directives, emphasizing the legal and political context in which the decision was made. The analysis particularly focuses on the political majority's attempt to overturn the outcome of the courts' proceedings – thereby challenging the country's institutional order and jeopardizing constitutional rights.

We argue that analyses of civil religious ideologies in civil rights contention must include the interplay of both movement and countermovement ideologies and must recognize the ways in which such discourse amplifies conflict as well as serves as a basis for unity. Based on in-depth interviews, archival research, and content analysis of civil religious language, this article examines how priestly and prophetic civil religious discourses, and the infusion of Black power ideologies, provided significant and dynamic resources for both movement (...) and countermovement ideologies during periods of civil rights contention in Cairo, Illinois, especially from 1969 to 1972. We compare the ways in which Cairo’s civil rights leaders mobilized prophetic versions of civil religion, and concomitantly, how white countermovement organizations used a priestly civil religion. On the prophetic side the themes of “equality,” “freedom,” “justice,” and the “right to revolt” against worldly socio-political arrangements were employed. On the priestly side, the theme of “law” and “order” was played up, with a secondary theme that connected religious acquiescence to worldly power with God’s will. The former rhetoric saw calls for economic and employment integration within God’s will and the nation’s destiny. The latter rhetoric contrasted civil rights claims as essentially “un-American.”. (shrink)

Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in (...) particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions. (shrink)